1982-0818_ROMAN CATHOLIC BISHOP OF OOANGE_AgreementRDING FEES EXEMPT DUE TO
RNMENT CODE SECTION 6103
14ARY ANN HANOVER, City Clerk
San Juan Capistrano, Californi
AGREEMENT FOR UTILITY UNDERGROUNDING v
THIS AGREEMENT entered into this day of
AUG 1 g 1982
1982, by and between the City of San J an Capi�st�a �,f % after
The Koman o is 1'S o o
referred to as "CITY" and the A Corporation Sole
hereinafter referred to as "CHURCH".
WHEREAS, CHURCH, desires to construct a new church
facility on the southerly side of Acjachema Street between
Camino Capistrano and E1 Camino Real; and
WHEREAS, CITY desires to construct a new library on the
northerly side of Acjachema Street between Camino Capistrano
and E1 Camino Real; and
WHEREAS, CITY and CHURCH both desire to underground
overhead utilities on E1 Camino Real in conjunction with their
proposed library and church projects, respectively.
NOW, THEREFORE, it is mutually agreed and covented that:
1. CHURCH and CITY agree that it is mutually beneficial
to construct said underground utilities together, as one project.
2. CITY shall design, administer, and inspect said
construction.
3. CHURCH shall approve CITY'S design.
4, CHURCH and CITY shall pay for said construction in
accordance with the respective percentage as identified in
"Exhibit A"
5, CHURCH shall deposit funds in the amount of their
percentage of estimated total cost upon award of construction
contract.
-2-
6. Total cost shall be defined as construction costs,
plus CITY administration and inspections cost which shall be
determined as 10% of the construction costs.
A
7. CITY shall not approve any cost increases without
written approval from CHURCH.
IN WITNESS WHEREOF, this agreement has been executed on
behalf of CITY by its officers thereunto duly authorized and by
CHURCH, the date and year first above written.
ATTEST:
CITY OF SM JUAN CAPISTRANO
By ..
WRENCE F. HEIM, MAYOR
The Roman Catholic Bishop of Orange
A Corporation Sole
MACHURCH
RY ANNA C� r\
By
Attukpey In Fact
By AUG 181982
APPROVED AS TO FORM:
J S S. OKAZAKI, CIT ATTORNEY
Dated October 5. 1982
State of California
SS.
County of Orange 111111
OFrl-' , T -r-AL
NINA M ARCHBOLD
N.oTARY PUBLIC - CALIFORNIA
C-VIGI WON
MY c�mrl. expires APR 7. 1996
wnrvnnic...,nrvvvv�[wmtry i FVRm /12U Vb2
State of California
County of
Orange I SS.
Onthisthe 6th day October
Nina M. Archbold
the undersigned Notary Public, personally appeared
Mary Ann Hanover
198 2 , before me,
IN personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the (WIV,B (j1�t ulmant as
City Clerk or onbehal of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364
Onthisthe 5thdayof October 1982, before me,
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Lawrence F. Buchheim
C* personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within inIAWRTEttTal
Mayor or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION• 23012 Ventura Blvd,, Woodland Hills, CA91364
CITY OF SAN JUAN CAPISTRANO
MISSION AND LIBRARY
UTILITY COST PROJECTIONS
I
I
SPECIALIZING IN UTILITY SERVICES, 635 CAMINO DE LOS MARES
ELECTRIC, TELEPHONE, GAS & T.V. SUITE 100
SAN CLEMENTE, CA. 92672
PHONE (714) 831-6640
(714) 661-3304
1:XH 1131T A
.■
0
DIOCESE OF ORANGE
MARYWOOD CENTER "I"VEQ
2811 EAST VILLA ZIV99 let
1!<
ORANGE, CALIFO 9 67
(714) 9747120 1, , y
vEPA.T•:. NT
P . AN
JUAN I>7.-1AN0
TO WHOM IT MAY CONCERN:
I hereby certify that Harry Trower is the attorney-in-fact of
"THE ROMAN CATHOLIC BISHOP OF ORANGE" a Corporation Sole, duly
authorized and acting in accordance with and by virtue of
Canon Law of the Catholic Church and the Corporation Code of
the State of California, Section 10000 to 10015, and I hereby
further certify that as such attorney*in-fact Harry Trower is
authorized and empowered to sell and exchange any and all
shares of stocks, bonds, etc., and to endorse, convey and
transfer any and all of the same by sufficient endorsement or
assignment and transfer.
Lefol J. Meyer
Di ector of Finance
and Administration
tt `s103R
`'o" UC
State of CALIFORNIA
SS.
County of ORANGE
OFFICIAL SEAL
PATRICIA M BAYNE
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
My comm. expfrm JUN 6, Itu
Subscribed and sworn to before me
on/Auqu5t 31, 1982
On this the 11_ day of AUGUST 19 $2, before me,
PATRICIA M. BAYNE
the undersigned Notary Public, personally appeared
LEON J. MEYER
AX personally known to me to be the person whose name is
subscribed to the within insutrument. Leon J.Meyer
being duly sworn, deposes and says: That he
certifies that Harry Trower is the attorney-in-fact
of "THE ROMAN CATHOLIC BISHOP OF ORANGE" a
Corporation Sole.
NATIONAL NOTAPY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364
F
CONTENTS
DIRECTORY OF PERSONNEL
COTS PROJECTION
Mission Only
COST PROJECTION
Library Only
COST PROJECTION
Mission and Library
SUMMARY
ANALYSIS
0
DIRECTORY OF PERSONNEL
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Smokey Lohnes (714) 493-1171
UTILITY PLANNING, INC.
635 Camino De Los Mares
Suite 100
San Clemente, CA 92672
Ronald L. Weatherholt (714) 831-6640
PACIFIC TELEPHONE COMPANY
24551 Raymond Way
Suite 280A
E1 Toro, CA 92630
Bill Spivey (714) 951-0533
SAN DIEGO GAS & ELECTRIC
101 W. E1 Portal
San Clemente, CA 92672
Ken Fussell (714) 498-1790
efl*10oras l9 y
STORER CABLE T.V.
27392 Camino Capistrano
Suite 204
Laguna Niguel, CA 92677
Tim Scanlon (714) 831-3242
0
MISSION ONLY
COST PROJECTION
0
ITEM NO. DESCRIPTION AMOUNT
1. Provide joint trench with
backfill, compaction and
traffic control. $ 2,800.00
2. Provide joint trench with
backfill, compaction, pave-
ment repaid and traffic
control. 2,880.00
3. Provide cable television only
trench with backfill, compac-
tion and traffic control. 1,200.00
4. Provide street light only
trench with backfill, com-
paction and traffic control. 700.00
5. Excavate for, provide and in-
stall electric substructures. 5,400.00
6. Excavate for, provide and in-
stall telephone substructure.
1,000.00
7. Provide and install conduits
for electric, telephone, cable
T.V. and street light system
as follows:
-
a. 2-5" electric
2,100.00
b. 1-3" electric
525.00
C. 1-4" telephone
300.00
d. 1-2" cable tv
900.00
e. 1-1" street light
. with 2 #8 conductors
1,050.00
(Page 1)
L'
MISSION ONLY
COST PROJECTION
(Continued from Page 1)
8. Payment to utility companies
for cabling underground systems. $16,800.00
9. Payment to utility companies
for removal of existing overhead
systems.
Total Cost to Convert:
(Page 2)
6,500.00
$42,155.00
•
LIBRARY ONLY
COST PROJECTION
ITEM NO. DESCRIPTION
1. Provide joint trench with
backfill, compaction and
traffic control.
2. Excavate for, provide and
install electric substructures.
3. Provide and install conduits
for electric, telephone, cable
TV and street light systems as
follows:
a. 2-5" electric
b. 1-4" telephone
c. 1-2" cable tv
1]
4. Payment to utility companies
for cabling underground systems.
5. Payment to utility companies for
removal of existing overhead
systems.
Total Cost to Convert:
r
(Page 3)
AMOUNT
$ 2,100.00
5,000.00
1,500.00
600.00
375.00
14,800.00
4,500.00
$28,875.00
ITEM NO.
1.
MISSION AND LIBRARY
COST'PROJECTION
DESCRIPTION
Provide joint trench with
backfill, compaction and
traffic control.
2. Provide joint trench with
backfill, compaction pave-
ment repair and traffic
control.
3.
Provide cable television only
trench with backfill, compac-
tion and traffic control.
4.
Provide street light only trench
with backfill, compaction and
traffic control.
5.
Excavate for, provide and in-
stall electric substructures.
6.
Excavate for, provide and in-
stall telephone substructure.
7. Provide and install conduits
for electric, telephone, cable
tv and street light systems as
follows:
a. 2-5" electric
b. 1-3" electric
C. 1-4" telephone
d. 1-2" cable tv
e. 1-1" street light with
2 #8 conductors.
(Page 4)
AMOUNT
$ 4,620.00
2,880.00
1,200.00
300.00
10,400.00
1,000.00
3,600.00
525.00
900.00
1,300.00
1,050.00
0
MISSION AND LIBRARY
COST PROJECTION
(Continued from Page 4)
F
8. Payment to utility companies
for cabling underground systems.
9. Credit from utility companies for
equivalent overhead systems.
Total Cost to Convert:
(Page 5)
$34,800.00
( 3,200.00)
$59,375.00
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ANALYSIS
A review of existing overhead electric, telephone and cable
television distribution facilities in E1 Camino Real, ad-
jacent to the Mission's proposed library site, relative to
converting them to underground indicates, mechanically and
economically, the work should be undertaken jointly.
Should either the Mission or the City proceed individually,
there will be no contribution or credit from the utility
companies. In addition, they will be charged for removal
of the existing overhead facilities as well as the install-
ation of the new underground facilities. Neither project
meets the conditions for participation by the utility
companies by itself. San Diego Gas & Electric Company
requires the project to replace a minimum of 600 feet of
overhead system and Pacific Telephone Company requires
more than one applicant to justify their participation.
The lenght of overhead system affected by the Mission, pro-
ceeding alone, is approximately 350 feet and by the City,
proceeding alone, is approximately 400 feet. Neither meets
San Diego Gas & Electric Company's condition individually,
but they do by combining. The combination also allows
them to meet Pacific Telephone Company's condition of more
than one applicant.
The contribution by the utility companies includes the cost
of removing the overhead systems after the underground systems
are in place and operational. San Diego Gas & Electric
Company reduces their charge for installing underground cable
by the amount it would cost them to build a new overhead
system.
(Page 7)
l • •
Analysis Continued.
There are also mechanical problems which the utility
companies would have to overcome if the two projects were
undertaken independently. If the library project went
first, a new pole would have to be added between the two
1 poles existing on the Mission frontage because of the cor-
nering configuration at the intersection of Acjachema and
I E1 Camino Real. If the Mission project went first, they
would have to overlap the library frontage by approximately
100 feet for the same reason.
Based on the two alternatives outlined above, the Mission's
frontage could be impaired by the addition of a pole if
the library project proceeds first while the library's
scope of work could be reduced if the Mission proceeded
first.
Neither party will benefit financially by proceeding sep-
erately based on the fact that neither will generate utility
company participation. Both will pay more, individually,
by proceeding seperately even though the library's scope
of work would be reduced if the Mission went first.
I
I(Page 8)
1
0
MEMORANDUM November 15, 1982
TO: City Clerk's Office
FROM: George Lohnes, City Engineer
0
SUBJECT: Agreement With Arch Bishop of Orange
Please do not record the agreement with the Archbishop
of Orange. The City Attorney is in concurrence with this
decision.
GML4i m
I*
MEMORANDUM.
TO: George M. Lohnes, City Engineer
FROM: Mary Ann Hanover, City Clerk
DATE: November 4, 1982
SUBJECT: Agreement for Utility Underground - Bishop of Orange
The above agreement was approved on October 5, 1982, and at your
request it has not yet been forwarded to the Orange County
Recorder.
Please let me know if you have received the anticipated comments
so that we may record the document and complete our files.
MAH/na
/J
3ZY400 PASEO ADELANTO
SANJI I PISTR ANO. C AL4fORNl, 92675
PHONE 41A117T fl
October 8, 1982
Diocese of Orange
Marywood Center
2811 East Villa Real Drive
Orange, California 92667
Attention: Leon J. Meyer
Director of Finance and Administration
Re: Undergrounding of Overhead Utilities,
E1 Camino Real
Gentlemen:
Enclosed is the Agreement for utility undergrounding of
overhead utilities at the Great Stone Church and library sites
between the Roman Catholic Bishop of Orange and the City of San
Juan Capiustrano. The Agreement was approved by the City Council
at their meeting of October 5, 1982.
If you have any questions, please don't hesitate to
call.
Very truly yours,
MARY ANN H OVER, CMC
City Clerk
MAH/na
Enclosure
cc: Director of Public Works
0 V
AGENDA ITEM October 5, 1982
TO: Stephen B. Julian, City Manager
FROM:, W. D. Murphy, Director of Public Works
SUBJECT: Undergrounding of Overhead Utilities, Camino Capistrano
(Roman Catholic Bishop of Orange)
SITUATION
Staff is requesting approval of an agreement with the Roman
Catholic Bishop of Orange for the purpose of mutual undergrounding
of overhead utilities at the Great Stone Church and library sites.
Both projects need to underground utilities on their respective
frontages on Camino Capistrano, and joint construction reduces
costs through the elimination of redundant improvements. A copy
of the agreement is attached.
The overhead utilities on Camino Capistrano shall be undergrounded
from the old church gymnasium to the school property or northerly
property line of the library site. There will also be a small
amount of undergrounding on the easterly side of Acjachema Street.
The design is being coordinated to have no above grade facilities
visible on the library site.
FINANCIAL CONSIDERATIONS
The estimated total cost of the undergrounding is $59,375.
The church's obligated amount is 59% or an estimated $35,031.25
and the City's obligated amount is 41% or an estimated $24,343.75.
Funds are not budgeted in the Library Construction Funds. However,
funds will be available in the Public Utilities Commission account
for undergrounding allocations from SDG&E,and the City may apply
for their use at this time.
ALTERNATE ACTIONS
1. Approve the agreement.
2. Do not approve the agreement.
3. Modify the agreement.
RECOMMENDATION
By motion, approve the agreement for utility undergrounding with the
Roman Catholic Bishop of Orange and authorize the Mayor and City
Clerk to execute the document. Further direct Staff to commence
processing the application for the use of Public Utilities Commission
funds.
ResEectfully submitted,
Imo._
W. D. Mu�)
WDM:GML/nep
Encl.gT
c;i'YY GOUt4cJL AGENDA
77
BIDS, CONTRACTS, AGREEMENTS
1. UNDERGROUNDING OF OVERHEAD UTILITIES, CAMINO CAPISTRANO
(ROMAN CATHOLIC BISHOP OF ORANGE)
(38) Written Communications:
Report dated October 5, 1982, from the Director of Public
Works, requesting approval of an agreement providing for
joint undergrounding of overhead utilities along the Camino
Capistrano frontages of the Great Stone Church and San Juan
Capistrano Library projects. The estimated total cost is
$59,375; the Catholic Church will be obligated for 59%, or
$35,031.25, and the City will be obligated for 41%, or
$24,343.75. Funds have not been budgeted in the Library
Coii'.�Lruction Fund, but: are available, rt�on application, in
th,, Public Utilities Commission account for undergrounding
al.l.ocations from San Diego Gas and Electric.
Approv, l_of Agreement:
It was : :ed by Councilman Pchwartze, seconded by Councilman
Hausdoi.:r and unanimously c_rried to approve thy. Agreement
betweci the City and the Ror,n Catholic Bishop o_ Orange for
Utility Undergrounding. The Mayor and City Clerr, were
authorir,ci to execute the document on behalf of the City,
and stat f was directed to cor;dnence processing the.
application for use of Public Utilities Commission funds.
I o/,5-/3 a,